I have read from different sites that a out of stauts immigrant can recieve a conditional green card if she marries a US citizen as long as she came here legally which she did. My hopefully soon to be brazilian wife came here legally in Oct 2007 and intially worked for an au pair agency (j1 visa) that she left in Oct 2008 and then applied for adjustment of status to tourist visa which was pendent till april of 2009. During april she was notified that she must go and was out of status ( i believe she applied even for tourist extension which was denied). My first question is she out of stauts since october or april?, considering USCIS kept her intial adjusment of status to tourist visa pending till april.
Now i know also after the marriage is offcial I must send lots of documents including the I-485 which states that some one who is out of status cannot file for adjustment of status . Some websites I have read mentioned they will overlook if it was not over 180 days. (this is why i am asking whether they will consider the time her toursit visa was pendent to be considered time out of status. In addition should i hire a immmigrantion attorney anyhows becuase it seems even though she came here legally this is going to a long and ardous process because sher is currenlty out of stauts now. any help would be appreciated
Now i know also after the marriage is offcial I must send lots of documents including the I-485 which states that some one who is out of status cannot file for adjustment of status . Some websites I have read mentioned they will overlook if it was not over 180 days. (this is why i am asking whether they will consider the time her toursit visa was pendent to be considered time out of status. In addition should i hire a immmigrantion attorney anyhows becuase it seems even though she came here legally this is going to a long and ardous process because sher is currenlty out of stauts now. any help would be appreciated
